Attorney General - Texas Secretary of State

Requests for Opinions
406 and administrative rules promulgated thereunder authorize the office of the Secretary of State to determine in administrative proceedings
whether a notary public has complied with the duty to provide such information, subject to the notary's rights of hearing, adjudication, and
appeal.
RQ-1234-GA
Requestor:
The Honorable René M. Peña
For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.
81st Judicial District Attorney
1327 Third Street
Floresville, Texas 78114
Re: Whether a member of a board of trustees of an independent school
district may also serve as a trustee of a county hospital board with overlapping jurisdiction (RQ-1234-GA)
TRD-201406291
Amanda Crawford
General Counsel
Office of the Attorney General
Filed: December 23, 2014
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Briefs requested by January 12, 2015
For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.
TRD-201406280
Amanda Crawford
General Counsel
Office of the Attorney General
Filed: December 23, 2014
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Opinions
Opinion No. GA-1096
The Honorable Allan B. Ritter
Chair, Committee on Natural Resources
Texas House of Representatives
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P.O. Box 2910
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Austin, Texas 78768-2910
Opinions
Re: Whether municipalities must meet the population requirement in
section 43.121 of the Local Government Code to annex property under
section 43.129 (RQ-1210-GA)
Opinion No. GA-1095
The Honorable Nandita Berry
SUMMARY
Texas Secretary of State
P.O. Box 12697
Austin, Texas 78711-2697
Re: Authority of a notary public to withhold or redact certain information from copies of entries in a notary public record book (RQ-1209GA)
SUMMARY
Chapter 406 of the Government Code requires a notary public to provide a certified copy of any entry in the notary public's record book
upon the request and payment of fees by any person. A party invoking
federal law to avoid compliance with chapter 406 bears the burden to
demonstrate that federal law preempts the Legislature's provision for
openness. Nothing in the materials provided to this office indicates
that the burden has been met in the case about which you ask. Chapter
Without further guidance from the courts or the Legislature, it is not
possible to reliably predict whether a court would require a municipality to meet the 225,000 population requirement in subsection 43.121(a)
of the Local Government Code in order to annex for limited purposes
by consent under the authority granted by section 43.129.
For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.
TRD-201406306
Amanda Crawford
General Counsel
Office of the Attorney General
Filed: December 29, 2014
ATTORNEY GENERAL
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January 9, 2015
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40 TexReg 133

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